Technical Support - Terms and Conditions

Registration

In some cases, Chax, Inc.(CHAX) Technical Support requires a registered product serial number when you access Chax’s one-to-one support offerings (for example, web chat-case submission or telephone support). If you have not yet registered your product, please contact CHAX, Inc. customer service.

Supported Products and Versions

Technical support is available for CHAX 8.x and MultiCHAX 8.x.

Definitions of Support

Incident
CHAX defines a single support incident as an issue that focuses on one aspect of the product. (For example, the use of a specific documented feature of the product or assistance with a specific problem or error message.) While this issue can involve other aspects of the product, addressing other aspects constitutes a separate issue and requires an additional support incident. A single support incident can involve multiple phone calls, e-mails, and off-line research. CHAX Support consultants are responsible for determining what characterizes a support incident. Customers are eligible for a refund on single incident charges for product defects and documentation errors.

Product defect
CHAX defines a product defect as a technical aspect or functionality of a product that doesn’t execute and deliver results as documented in the supplied documentation. Unexpected behavior that can be isolated to a user’s specific configuration or environment does not constitute a product defect. CHAX Technical Support can provide troubleshooting suggestions for unexpected behavior in these cases. However, CHAX is not responsible for the resolution of any such behavior. An issue is recognized as a product defect only after it has been reproduced in steps provided by the customer and confirmed by an CHAX Support consultant.

Documentation error
CHAX defines a documentation error as inaccurate information or instruction provided in the documentation accompanying the product. Accompanying documentation includes user manuals, Release notes, ReadMe files, and CHAX product support site document and TechNotes.

Installation
CHAX defines installation as the process in which the product installation program is extracted from a CD, diskette, downloaded executable, or network drive onto a single computer’s hard drive. Then, the setup program is run to completion in accordance with the authorized installation instructions. A completed installation is determined by the successful first run of the CHAX application. Standard installation does not include network installations, silent installs to a network environment, database configuration, and clustering, distributed set up of servers and or similar activities.

Product features and how to’s
CHAX supports product use, including commands, menu choices, and core features outlined in the User Guide and online Help.
Resolution of issues
Once an issue is accepted as being within the extent of technical support (as described at the top of this page), resolution of a technical support issue is defined as accomplishing any one of the following:

Providing a reasonable solution to the issue

Providing a reasonable work-around to the issue

Determination by CHAX that the issue is an enhancement request and forwarding the request to CHAX Product Management for future consideration

Escalation by CHAX Technical Support of the incident/product defect to CHAX Engineering for review.

CHAX Technical Support makes reasonable efforts to resolve the issue but CHAX cannot guarantee that every issue can be resolved.

Terms and Conditions of Support Plan Offerings for Customers

MultiCHAX® Program Service Agreement
This Agreement is between Chax, Inc.and Customer ordering the CHAX® Bronze Support Program (“Support Program”), if Customer is resident in the United States, Canada, or Mexico or between CHAX Systems Software Ireland Limited and Customer, if Customer is resident in any other country. The two CHAX entities shall be referred to collectively as “CHAX”. Customer hereby agrees that the following terms and conditions shall govern the delivery of support services by CHAX to Customer under the Support Program with respect to applicable registered CHAX products (“Products”) and where indicated with respect to third-party products and technologies. Subject to Customer’s termination right as set forth in Section 4 below, ordering the Support Program indicates Customer’s acceptance of the terms and conditions contained in this Service Agreement. This Service Agreement is effective upon receipt and acceptance of Customer’s order by CHAX or by the authorized reseller from whom support is purchased (“Commencement Date”).

Services.CHAX will provide Customer the support services (“Support Services”) described at www.CHAX.com (the “Support Site”). Such descriptions, as may be amended from time to time, are deemed to be part of this Service Agreement. The CHAX software products for Annual Support is available are listed on the Support Site

Restrictions. CHAX may limit or terminate the Support Services being provided if Customer uses the Support Services in an abusive or fraudulent manner, as determined by CHAX in its reasonable discretion. Resale, assignment and transfer of ownership are strictly prohibited and will be grounds for termination of the Support Terms. CHAX will only provide Support Services for Products that are properly registered with CHAX as documented on the Support Site. A single support incident will be restricted to support on an issue that focuses on one aspect of the product – e.g. use of a specific documented feature of the product or assistance with a specific problem or error message. While this issue may involve other aspects of the product, addressing other aspects constitutes a separate issue and requires an additional support incident. A single support incident may involve multiple phone calls, emails and off-line research. CHAX Support Engineers are responsible for determining what characterizes a single support incident and communicating this to the Customer. CHAX Support Engineers will make reasonable efforts to resolve the issue but CHAX cannot guarantee that every issue will be resolved.

Exclusions. CHAX shall not be required to provide any Support Services relating to problems or issues arising out of or from (i) Customer’s use of the Products in a manner for which they were not designed; (ii) damage to the media on which the Products are provided or to the computer on which the Products are installed; (iii) Customer’s negligence, misuse, or modification of the Products; (iv) versions of Products other than the most recent version (e.g., 5.x) and one version back (e.g., 4.x) for a period of 90 days beyond the release of a new version, provided that CHAX shall also not be required to provide any Support Services for Products that are no longer listed on the Support Site as supported products; (v) third-party products and technologies not associated with network installation assistance as listed on the Support Site as supported technologies or (vii) conflicts related to replacing or installing hardware, drivers, and software that have not been CHAX certified.

Term and Termination. Absent early termination for the reasons stated herein, this Service Agreement shall have a term of one from the Commencement Date when purchased directly though a CHAX call center or one year from the 1st of the following month established by the Commencement Date when purchased from a CHAX on-line store.

Notwithstanding anything to the contrary herein, these Support Terms may be terminated by CHAX for failure of Customer to pay CHAX the Annual Support Fee if such failure to pay continues for ten (10) days after CHAX gives Customer written notice of such failure. CHAX may also terminate these Support Terms if Customer materially breaches the terms of these Support Terms and fails to cure such breach within thirty (30) days of written notice thereof, except that a material breach of any license granted to Customer in the terms of use or end user license agreement applicable to the Software End User Licensing Agreement shall be grounds for immediate termination.

Customer acknowledges that CHAX has the right to discontinue the manufacture and development of any of the Software and the Support Services for any Software, including without limitation the distribution of older Software versions, at any time in its sole discretion, provided that CHAX agrees not to discontinue the Support Services for the Software during the current annual term of this Service Agreement, subject to the termination provisions herein. CHAX reserves the right to alter these Support Services from time to time, using reasonable discretion but in no event shall such alterations result in (i) diminished support from the level of support set forth herein; (ii) materially diminished obligations for CHAX; (iii) materially diminished rights of Customer, or (iv) higher Annual Support Fees during the then-current term. CHAX shall provide Customer with thirty (30) days prior written notice of any permitted material changes to these Support Services contemplated herein.

Support Activation. All Support Programs purchased from an CHAX on-line store or through the CHAX Open Options program must be activated by calling CHAX within thirty (30) days of the Commencement Date. Activation instructions and contact information can be found at www.CHAX.com. Activation requires that the customer provides serial numbers of the licenses for which support was purchased and names of authorized contacts that will be using the support program. Upon activation, CHAX will send the customer a welcome letter outlining how to access CHAX person-to-person phone and eCase technical support. CHAX Support Programs that are not activated will expire one year from the Commencement Date as described in section four (4) above.

Renewals. Annual support is paid up front and will expire one year from the commencement date

Warranty and Disclaimer. CHAX will use commercially reasonable efforts to provide the Support Services in a professional manner, but CHAX cannot guarantee that every question or problem raised by Customer can or will be resolved. Nothing in this Service Agreement shall be construed as expanding or adding to the warranty for the Software set forth in the Product End User License Agreement or any other agreement with CHAX governing use of the software. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO CUSTOMER IN ITS JURISDICTION, CHAX MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT OR THE PROVISION OF MATERIALS OR SERVICES UNDER THIS SERVICE AGREEMENT. CHAX SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY. CHAX’S LIABILITY UNDER THIS SERVICE AGREEMENT IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SUPPORT SERVICES ORDERED BY CUSTOMER. IN NO EVENT SHALL CHAX HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT CHAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

General. This Service Agreement may not be assigned by Customer. Any assignment in violation of the foregoing shall be null and void. This Service Agreement supersede all other written and oral proposals, purchase orders, prior agreements, and other communications between Customer and CHAX concerning the subject matter hereof and constitutes the entire agreement between CHAX and Customer regarding provision of Support Services (i) this Service Agreement shall be governed by the laws of the State of California without reference to conflict of law principles; and (ii) Customer consents to the personal jurisdiction of the state and federal courts located in Santa Clara County, California